San Joaquin County Municipal Code Div. 3 Encroachments

Any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller, shall be considered an excavation and requires an excavation permit, which will be issued as part of an encroachment permit.

(Ord. 4162 § 1, 2002)

The applicant/permittee to whom an encroachment permit is issued for the purposes of excavation may be referred to, for purposes of this chapter, as the excavator for the project.

(Ord. 4162 § 1, 2002)

The Encroachment Permit that is issued for any work within the street right-of-way that meets the definition of an excavation as described in Section MH-10-3000, shall be referred to as an excavation permit for purposes of this chapter.

(Ord. 4162 § 1, 2002)

All excavations as defined above are subject to the longitudinal cut fee. The fee shall be collected as part of the encroachment permit fee for the project.

(Ord. 4162 § 1, 2002)

(a) Newly constructed or resurfaced streets shall be termed prohibition streets within this chapter. Permission to excavate in newly constructed or resurfaced streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of a one-half (½) inch or thicker layer of asphalt. For those streets with chip seal, slurry seal coatings, or micro paving with less than one-half (½) inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:

(1) Emergencies that endanger life or property.

(2) Interruption of essential utility service.

(3) Work that is mandated by city, State or Federal legislation.

(4) Service for buildings where no other reasonable means of providing service exists.

(5) Other situations deemed by the Public Works Manager to be in the best interest of the general public.

(b) To excavate in a prohibition street, a waiver must be obtained.

(1) To request a waiver, the applicant must submit a written request to the Mountain House Community Services District. The request must include:

(A) Location of the excavation.

(B) Description of the work to be performed.

(C) Why the work was not performed before the street was paved.

(D) Why the work cannot be deferred until after the prohibition period.

(E) Why the work cannot be performed at another location.

(F) Why it is justified to excavate a prohibition street.

(2) Any excavation in the prohibition streets will be repaired with full lane paving on the street as follows: (Refer to Section MH-10-3008.)

(A) Overlaid or reconstructed streets: All lanes that are affected shall be ground down one and one-half (1½) inches and repaved with one and one-half (1½) inches of asphalt concrete.

(B) Slurry sealed, chip sealed, or microsurfaced streets: All lanes that are affected shall be resurfaced per Section MH-10-3008.

(C) A minimum of two (2) feet on either side of trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches, the entire length plus two (2) feet on either end shall be resurfaced.

(D) Exception: Full lane width restoration shall not be required if the work is not considered an excavation as defined in Section MH-10-3000.

(Ord. 4162 § 1, 2002)

Any and all construction work within the street right-of -way shall be done by obtaining an encroachment permit. Anyone doing excavation work within the Mountain House Community Services District street right-of-way shall obtain an encroachment permit for the purposes of excavation in addition to any other permits required. This also applies to all MHCSD departments.

(a) The permit application may be obtained from the MHCSD.

(b) Except in an emergency, excavation permits shall be taken out in advance of excavation work. An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5 p.m. and 8 a.m. of normal working days.

(c) The excavator shall notify the MHCSD and apply for an excavation permit for "emergency work" within four (4) hours after the MHCSD's office opens.

(d) As a condition of the permit to excavate, the applicant shall have been provided an inquiry identification number by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.

(e) Prior to applying for an excavation permit, the excavator must register with the MHCSD. The owner or the contractor performing the work may apply for the permit. The owner of the facility shall determine who applies for the excavation permit. However, if the applicant is not the owner of the facility to be excavated, the applicant must provide documentation that the applicant is authorized to act on behalf of the owner.

(1) The following must be provided to become registered to get an excavation permit:

(A) A cash deposit equal to three percent (3%) of the project cost with a minimum of one thousand dollars ($1000) and a maximum of twenty-five thousand dollars ($25,000). Companies working under a franchise agreement with the MHCSD are not required to post the cash deposit until they have violated the MHCSD standards or permit requirements.

(B) A current business license.

(C) Current evidence of insurance.

(D) Twenty-four-hour phone number for emergencies.

(E) The name, telephone number, and mailing address (fax number, pager, and e-mail address if available) of the person who will receive all official correspondence from the MHCSD.

(2) If an account is past due or not in good standing, a permit cannot be issued until the account is brought into good standing. The account is past due if the fines are not paid and are deducted from the deposit. To bring the account to good standing, all fees and fines must be paid.

(f) If an excavator damages other facilities during their excavation work:

(1) They do not need another excavation permit if no additional excavation is required to repair the damaged facility. In this case, the original permittee shall maintain the site and restore the pavement.

(2) They need an additional excavation permit if additional excavation and trenches are needed to repair the damaged facility.

(g) All applications shall include a plan indicating the following:

(1) Name of the street to be excavated and the nearest cross streets.

(2) Distance from the face of the curb.

(3) Distance from the intersection.

(4) The size of the excavation (length and width).

(5) The location of any aboveground facilities to be installed, showing:

(A) Distance from curb and any street facilities/furniture.

(B) Purpose of the facility.

(C) Size of the facility.

(D) Location of doors and door swing.

(6) The location of any underground facilities to be installed, showing:

(A) Conduits vaults, maintenance holes, pipes, etc.

(B) Structural detail and additional information for installation of the structures such as vaults and maintenance holes.

(C) The construction method of the structure to be installed.

(D) Construction detail, locations, size, design criteria and the purpose of the facility.

(7) Cross-section of a typical trench indicating:

(A) The approximate depth of the facility to be installed.

(B) Trench backfill depth, compaction and layer depths.

(C) Pavement section detail (type and depths).

(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed Civil Engineer, when legally required.

(8) The plan may show the approximate location of the excavation provided that on an "as-built" plan, the exact location of the excavation is shown. This shall be submitted prior to the permit being finalized and filed.

(h) Pre-construction meeting:

(1) A pre-construction meeting shall be held for all projects that are scheduled to take longer than fifteen (15) working days to complete.

(2) The owner, contractor, any other agency that is involved, and the MHCSD shall attend this meeting.

(3) There will be a fine for projects that are supposed to be completed within fifteen (15) days, and are not completed within the allowed time, if a preconstruction meeting was not held.

(4) A traffic control plan shall be provided with the submittal of the application, and approved prior to the pre-construction meeting.

(i) Permit duration shall be indicated on the permit:

(1) All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.

(2) Excavation permits are not valid if other required permits are not obtained or required notifications are not given.

(3) No disruption of traffic is allowed after 3:00 p.m. and before 9:00 a.m. unless specifically approved for these hours.

(4) Some permits may be valid on specific dates. They may be approved with special conditions specifying the dates:

(A) When work shall not be done.

(B) When work must be completed.

(C) Before which work shall not start.

(5) Permits expire and become void, unless otherwise amended:

(A) Thirty (30) days after the start date, if no work has begun.

(B) If the work is not diligently proceeding and there are long delays after the work has started.

(C) When the excavation, including the trench restoration, is not completed within the duration specified on the permit or on the date specified on the permit as the expiration date.

(6) The work is determined to be proceeding diligently if:

(A) Once a project begins, work continues on a daily basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency.

(B) The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.

(j) A valid permit may be extended by requesting an extension prior to the expiration date by:

(1) Specifying the dates that need to be changed.

(2) Explaining why an extension is needed.

(k) All excavation permit fees are due at the time the permit application is submitted.

(1) Checks should be made out to the Mountain House Community Services District. The check shall include:

(A) The permit number.

(B) The type of fees being paid (administration , inspection, extension, reapplication, etc.).

(2) All fees, fines and penalties not collected with the application will be billed by the MHCSD and shall be paid within thirty (30) days. If they are not paid within thirty (30) days, then these fees, fines and penalties will be deducted from the deposit. Utility companies working under a franchise agreement have ninety (90) days to pay. If a contractor working for a utility company does not pay, the owner/utility company will be responsible to pay these fees, fines, and/or penalties.

(3) If a violation occurs and the fines are deducted from the deposit, no other application will be processed until the deposit has been put in place with the MHCSD and all conditions are met. For companies without a deposit, if the fines are not paid on time, no other permit will be issued.

(l) If an application has been withdrawn or an approved permit is cancelled prior to the start of work:

(1) Inspection and trench cut restoration fees will be refunded.

(2) To request a refund, a written request must be submitted to the General Manager.

(3) The request shall include:

(A) The reason for cancellation or withdrawal.

(B) The application number.

(m) By accepting an excavation permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:

(1) To follow all rules, regulations, special conditions, and code requirements.

(2) To assure that their employees, contractors, and subcontractors comply with all rules, regulations, permit conditions and code requirements.

(3) To indemnify the MHCSD.

(n) The excavation permit shall be available during work periods at the excavation site, until the project is completed and signed off by the MHCSD. The permit shall be shown to MHCSD employees on request.

(o) The MHCSD and various utility companies shall coordinate their Capital Improvement Programs.

The information about any planned work in the street right-of-way shall be shared at the earliest possible time.

Various utility owners are encouraged to coordinate their excavation of the streets so that all work is done simultaneously and that the street is not excavated frequently within the same year.

(p) The excavator shall provide public notifications when excavating in the public right-of-way.

(1) Provide 11″ × 17″ posters with one-inch minimum letters at beginning and end of the project and every three hundred (300) feet in between. Notes must contain:

(A) The name, address, and telephone number of the owner and the permittee.

(B) The start and completion dates of the project.

(2) For major projects lasting fifteen (15) working days or longer, the excavator shall:

(A) Mail notices to or notify, after the permit has been issued, but no more than thirty (30) days before the anticipated start date of work:

(i) Property owners, residents, or occupants of the affected blocks.

(ii) Schools and churches in the area and the San Joaquin Regional Transit District.

(iii) Provide the MHCSD with a copy of the notice.

(B) At least five (5) days but not more than fifteen (15) calendar days prior to starting construction, post and maintain 11″ × 17″ notices at beginning and end of the project and every three hundred (300) feet in between and deliver a copy of same notice to each dwelling unit or business on the block. The notices must contain:

(i) The name, address, and telephone number of the owner and the permittee.

(ii) A description of the project.

(iii) The start and completion dates of the project.

(iv) The name, address and twenty-four-hour telephone number of a contact person.

(Ord. 4162 § 1, 2002)

(a) Pavement shall be cut to a straight, neat, vertical line prior to excavation.

(b) All excavated material not suitable for backfilling shall be removed from the job site within twenty-four (24) hours. Excavated material suitable for backfilling may be stored on the job site for a maximum of five (5) working days, provided it does not occupy any more street space than the permit allows and provided this material is completely prevented from blowing, washing, or being thrown about at all times. Material may be stored on the adjacent private property if a written approval from the property owner has been obtained.

(c) No trench shall be opened on any street that is not backfilled or plated at the end of the same day. Fines will be charged if any trench is left open.

(Ord. 4162 § 1, 2002)

(a) Trenches shall be backfilled with sand or suitable site excavated material. Compaction of backfill shall be in accordance with Mountain House Community Services District Development Standards.

(b) When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.

(c) Each encroachment permit will specify the number of compaction tests required. Each compaction test shall be certified by an independent laboratory and submitted to the MHCSD. If the results of a compaction test show generally poor or marginal compliance with MHCSD compaction requirements, the number of compaction tests required may be increased by the MHCSD to help insure that proper compaction is being achieved.

(Ord. 4162 § 1, 2002)

(a) Trenches shall be paved in accordance with Mountain House Community Services District Development Standards. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to MHCSD Standards, to a vertical face. New AC paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final one and one-half (1½) inches of AC wearing surface shall be done by a paving machine or spreader box. Asphalt concrete shall be delivered and compacted in accordance with the Development Standards.

To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two (2) damaged areas shall also be removed.

(b) For trenches in prohibition streets parallel to the centerline of the street, the entire, lane shall be key-cut one and one-half (1½) inches deep, and repaved with asphalt concrete. For trenches in prohibition streets with chip seal or slurry seal coatings, the entire lane shall be resurfaced with these coatings.

(c) Trenches in concrete streets shall be paved with concrete pavement. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.

(d) Trenches in arterial streets, with asphalt wearing surfaces, shall be paved with not less than eleven and one-half (11½) inches asphalt concrete topped with one and one-half (1½) inches of asphalt concrete wearing surface or match the existing pavement if it is more.

(e) Trenches in local and collector streets shall be paved with not less than six and one-half (6½) inches asphalt concrete topped with one and one-half (1½) inches of asphalt concrete wearing surface or match the existing pavement if it is more.

(f) Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled. For minor excavations such as service installations, the pavement shall be restored within thirty (30) working days from the time the entire trench is backfilled. The asphalt concrete wearing surface shall be placed within five (5) working days after placement of asphalt concrete base, weather permitting.

(g) Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%) of relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths ( 5/16 ) of an inch in ten (10) feet in any direction.

(h) On collector and arterial streets, steel plates shall be used when ordered by the MHCSD to facilitate traffic flow and to protect the excavation until finished pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation of the adjacent pavement and secured against movement in any direction. Temporary ramps shall be constructed of asphalt and shall have a gradual slope. On all other streets, temporary asphalt cutback is permitted.

(i) After trench paving, utility trenches shall be color-coded with four-inch stenciled initials of the company doing the trench. These initials will be prescribed by the MHCSD as stated below and the color shall be as prescribed by the Underground Service Alert (USA). The initials shall be stenciled on the existing asphalt adjacent to the new trench. When paving is complete, the initials shall be painted, using Krylon (or an approved equal), at the beginning and end of each trench and at each intersection, if applicable. The use of colored identifying disks in place of painting is allowed.

Any agency not listed above must contact the MHCSD to be assigned initials before performing any excavation or trenching activities in the MHCSD.

USA Codes are:

All painted USA markings shall be removed by the permittee after the work has been completed.

(j) All damaged pavement markings and striping shall be replaced and restored by the excavator.

(Ord. 4162 § 1, 2002)

(a) Depressed trench pavement shall be repaired as follows:

(1) Wearing surface defects — remove and restore wearing surface.

(2) Major defects — excavate, remove and restore surface and base.

(3) The Permit Inspector will determine the severity of the defect.

(b) Work not complying with the above requirements shall be rejected, removed, and redone to the satisfaction of the Public Works Manager.

(c) The owner of the facility/utility company is responsible for the roadway defects (area over and adjacent to the trench) appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the Mountain House Community Services District reconstructs, repaves, or resurfaces the street.

(d) If there is a trench-related failure after the said MHCSD work is complete, the owner of the facility/utility company is responsible for its repair.

(e) The owner of the facility/utility company is responsible to maintain the trenches and repair any defects that may appear. The MHCSD will determine who is responsible for a defect when one is detected and will notify the responsible party and direct them to repair the facility.

When the MHCSD determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the Public Works Manager may order the responsible party to remedy the condition immediately.

If the responsible party refuses or fails to make the needed repairs immediately, the MHCSD will make the repairs and:

(A) The responsible party will be charged all of the actual costs including administration, construction, consultant fees, equipment, inspection, notification, remediation made necessary by the action of the permittee, repair, and restoration.

(B) The repair or restoration by the MHCSD does not relieve the responsible party from liability for future pavement failures.

(C) If the responsible party fails or refuses to pay the restoration cost, the cost of the repair or restoration will be deducted from the responsible party's deposit.

(Ord. 4162 § 1, 2002)

Any violation of the above regulations may result in the revocation of the encroachment permit and/or be subject to a fine. The fines for various violations are as follows:

The above lines, when assessed, shall be deducted from the cash deposit required by Section MH-10-3005(e)(1) of this chapter or will be paid by the applicant if there is not a cash deposit.

To appeal any fines or other requirements, the applicant may request an informal appeal with the MHCSD General Manager. There is no further appeal. If there are any fines, they must be paid and will be reimbursed if the appeal is valid.

(Ord. 4162 § 1, 2002)

Any violation of this chapter shall be an infraction.

(Ord. 4162 § 1, 2002)

This section sets forth encroachment permit regulations for permits requested under the Digital Infrastructure and Video Competition Act of 2006.

(a) The District will either approve or deny the application for the permit within sixty (60) days of receiving the completed application. The application is complete when the applicant had complied with all statutory requirements including the California Environmental Quality Act.

(b) If the General Manager denies the application, the General Manager shall at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial.

(c) The Applicant may appeal a denial of the application to the Board of Directors of the District. The appeal must be filed with the Secretary of the District within ten (10) days of receipt of the denial by the Applicant. The appeal shall be in writing and state the reasons upon which the Applicant believes the denial to be in error. The Secretary will schedule a hearing before the Board at the next available regularly scheduled meeting of the Board following the receipt of a properly filed appeal and notify the Applicant of the date and time of the hearing. At the time of the hearing, the Board shall consider all relevant evidence and either affirm the denial, reverse the denial, or approve the issuance of the permit with conditions the Board adopts at the hearing. The Board will issue a written opinion of its decision within thirty (30) days of the close of the hearing.

(Ord. 4345 § 3, 2007)